Staff Analysis of the Legislation
|
HB 311 would amend Title 50, Title 36, Title 23, and Code
Section 5-6-34 of the O.C.G.A. to waive the sovereign immunity of state and
municipal governments to permit certain lawsuits against state and municipal
government officials acting in their official capacity, such as relief to
remedy an imminent or actual injury caused by a state or local official or
employee acting in violation of a state statute, the U.S. Constitution, or the
Georgia Constitution; and lawsuits that ask a court to declare a state or
municipal law unconstitutional. It would require that written notice be
served on a prospective defendant and the attorney general at least 30 days
before such a lawsuit may commence. HB 311 would not waive state and
local sovereign immunity for the following claims: 1) claims in which another
state statute explicitly prohibits a sovereign immunity waiver; 2) claims for
monetary relief, attorney’s fees, or litigation expenses, unless assessed in a
frivolous lawsuit under O.C.G.A. § 9-15-14; 3) claims alleging violations of
federal law other than the U.S. Constitution; 4) claims brought in federal
court; and 5) claims brought by, or on behalf of, an individual in a penal
institution or a state mental health facility. The measure would also
waive municipal government sovereign immunity in certain breach of contract claims.
HB 311 would not waive or alter other immunities provided by statute or
recognized by the courts, including grand juror immunity, judicial immunity,
legislative immunity, prosecutorial immunity, or qualified immunity. The
bill would also provide for a direct appeal to the appellate courts of all
judgments, orders, or rulings denying or refusing to grant any type of immunity
to state and local government entities and officials. HB 311 would only
apply to claims arising on or after July 1, 2019. |